HomeMy WebLinkAbout2009-09-16; Planning Commission; Resolution 66301 PLANNING COMMISSION RESOLUTION NO. 6630
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF COASTAL DEVELOPMENT PERMIT
4 AMENDMENT CDP 96-16(C) TO CONSTRUCT A 254 ROOM
5 HOTEL, RESTAURANT, AND RETAIL USES WITHIN THE
PARKING LOT OF THE LEGOLAND CALIFORNIA THEME
6 PARK ON PROPERTY GENERALLY LOCATED NORTH OF
PALOMAR AIRPORT ROAD, SOUTH OF CANNON ROAD,
7 EAST OF ARMADA DRIVE AND WEST OF THE CROSSINGS
DRIVE IN THE MELLO II SEGMENT OF THE LOCAL
8 COASTAL PROGRAM AND IN LOCAL FACILITIES
9 MANAGEMENT ZONE 13.
CASE NAME: LEGOLAND HOTEL CALIFORNIA
10 CASE NO.: CDP96-16(Q
11 WHEREAS, Merlin Entertainment Group US Holdings, "Developer," and
12 "Owner," has filed a verified application with the City of Carlsbad regarding property described
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as
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Lots 18 and 19 of Carlsbad Tract Map 94-09 Units 2 and 3, in
the City of Carlsbad, County of San Diego, State of California,
16 according to map thereof no. 13408, filed in the Office of the
County Recorder of San Diego, April 1, 1997 as file number
17 1997-147754
18 ("the Property"); and
19 WHEREAS, said verified application constitutes a request for a Coastal
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Development Permit Amendment as shown on Exhibits "A" - "II" dated September 16, 2009,
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on file in the Planning Department, LEGOLAND HOTEL CALIFORNIA - CDP 96-16(C), as
23 provided by Chapter 21.201.040 of the Carlsbad Municipal Code; and
24 WHEREAS, the Planning Commission did, on September 16, 2009, hold a duly
25 noticed public hearing as prescribed by law to consider said request; and
26 WHEREAS, at said public hearing, upon hearing and considering all testimony
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and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
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relating to the Coastal Development Permit Amendment.
WHEREAS, on January 18, 2006, the Planning Commission approved, CDP
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96-16(B), as described and conditioned in Planning Commission Resolution No. 6024.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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r Commission of the City of Carlsbad as follows:
6 A) That the foregoing recitations are true and correct.
7 B) That based on the evidence presented at the public hearing, the Commission
_ RECOMMENDS APPROVAL of LEGOLAND HOTEL CALIFORNIA -
CDP 96-16(C) based on the following findings and subject to the following
9 conditions:
Findings;
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1. That the proposed development is in conformance with the Certified Local Coastal
11 Program and all applicable policies in that no impacts to any physical features, such as
scenic resources, environmentally sensitive areas, or geologic features, will occur as
none exist on the flat and previously developed parking lot. No distant or coastal
\2 views would be obstructed from public roadways.
14 2. The proposal is in conformity with the public access and recreation policies of Chapter 3
of the Coastal Act in that there are no public access or public recreation requirements
15 for the property.
3. The project is consistent with the provisions of the Coastal Resource Protection Overlay
17 Zone (Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the
City's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, Standard
18 Urban Storm Water Mitigation Plan (SUSMP), and Jurisdictional Urban Runoff
Management Program (JURMP) to avoid increased urban runoff, pollutants, and soil
19 erosion. No steep slopes or native vegetation is located on the subject property and the
site is not located in an area prone to landslides, or susceptible to accelerated erosion,
floods, or liquefaction.
21 4. The property is not identified as "Designated Coastal Agricultural Land" as identified on
22 Map X. The property is also not designated as a Non-prime agricultural land and was
previously permitted to convert to urban uses subject to the provisions set forth in the
23 LCP.
5. The Planning Director has determined that:
25 a. The project is a project for which a Mitigated Negative Declaration was previously
26 adopted [15162];
2' b. this project is consistent with the project cited above;
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PC RESO NO. 6630 -2-
c. Mitigated Negative Declaration Legoland Hotel California (SP 207(H)) for the
2 associated Local Coastal Program and Specific Plan Amendments as well as this
hotel project was adopted by City Council Resolution No. 2009-047 in connection
3 with the prior project or plan;
4 d. the project has no new significant environmental effect not analyzed as significant in
c the prior Mitigated Negative Declaration; and
6 e. none of the circumstances requiring a Subsequent Mitigated Negative Declaration
under CEQA Guidelines Sections 15162 or 15163 exist. -
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6. The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed
o to mitigate impacts caused by or reasonably related to the project, and the extent and the
degree of the exaction is in rough proportionality to the impact caused by the project.
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Conditions:
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Note: Unless otherwise specified herein, all conditions shall be satisfied prior to prior to
approval of a building or grading permit whichever occurs first.
1. If any of the following conditions fail to occur, or if they are, by their terms, to be
14 implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
1 5 revoke or modify all approvals herein granted; deny or further condition issuance of all
future building permits; deny, revoke, or further condition all certificates of occupancy
issued under the authority of approvals herein granted; record a notice of violation on the
17 property title; institute and prosecute litigation to compel their compliance with said
conditions or seek damages for their violation. No vested rights are gained by Developer
18 or a successor in interest by the City's approval of this Coastal Development Permit
Amendment.
20 2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Coastal Development Permit Amendment documents, as
21 necessary to make them internally consistent and in conformity with the final action on
the project. Development shall occur substantially as shown on the approved Exhibits.
22 Any proposed development, different from this approval, shall require an amendment to
~., this approval.
24 3. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
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4. If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are
27 challenged, this approval shall be suspended as provided in Government Code Section
66020. If any such condition is determined to be invalid, this approval shall be invalid
28 unless the City Council determines that the project without the condition complies with
all requirements of law.
PC RESO NO. 6630 -3-
5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
2 harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
3 and costs, including court costs and attorney's fees incurred by the City arising, directly
or indirectly, from (a) City's approval and issuance of this Coastal Development Permit
Amendment, (b) City's approval or issuance of any permit or action, whether
r discretionary or nondiscretionary, in connection with the use contemplated herein, and
(c) Developer/Operator's installation and operation of the facility permitted hereby,
6 including without limitation, any and all liabilities arising from the emission by the
facility of electromagnetic fields or other energy waves or emissions. This obligation
survives until all legal proceedings have been concluded and continues even if the City's
approval is not validated.o
9 6. This approval is granted subject to the approval of SP 207(H), LCPA 08-01, and SDP
96-14(C) and is subject to all conditions contained in Planning Commission Resolutions
10 No. 6525, 6526, and 6629 for those other approvals incorporated herein by reference.
7. The applicant shall apply for and be issued building or grading permits for this project
12 within three (3) years of approval or this coastal development permit will expire unless
extended per Section 21.201.210 of the Zoning Ordinance.
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8. Prior to the issuance of building permits, the applicant shall apply for and obtain a
grading permit issued by the City Engineer. A grading permit will be permitted for
, - subterranean work related to the foundation requirements for the hotel and related
improvements. In the event the hotel is not constructed, any work performed shall
16 allow the site to be left in a state which is similar in use and condition prior to the
commencement of construction (parking lot and landscaping).
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9. Developer shall submit to the City a Notice of Restriction executed by the owner of the
real property to be developed. Said notice is to be filed in the office of the County
19 Recorder, subject to the satisfaction of the Planning Director, notifying all interested
parties and successors in interest that the City of Carlsbad has issued a(n) Coastal
20 Development Permit Amendment by Resolution No. 6630 on the property. Said Notice
of Restriction shall note the property description, location of the file containing complete
project details and all conditions of approval as well as any conditions or restrictions
specified for inclusion in the Notice of Restriction. The Planning Director has the
authority to execute and record an amendment to the notice which modifies or terminates
23 said notice upon a showing of good cause by the Developer or successor in interest.
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1 NOTICE
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Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as
4 "fees/exactions."
5 You have 90 days from date of final approval to protest imposition of these fees/exactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
" 66020(a), and file the protest and any other required information with the City Manager for
- processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
g annul their imposition.
9 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading, or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
12 expired.
13 PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning
14 Commission of the City of Carlsbad, California, held on September 16, 2009, by the following
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vote, to wit:
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AYES: Commissioners Baker, Dominguez, Douglas, L'Heureux, Nygaard,
Schumacher, and Chairperson Montgomery
18 NOES:
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ABSENT:20
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23 MARTELL B. MONTGOMERY, fjlTirperson
CARLSBAD PLANNING COMMISSION
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ATTEST:
26"
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28 DON NEU
Planning Director
PC RESO NO. 6630 -5-